Cross-burner guilty of criminal harassment

A Nova Scotia man admitted Monday to burning a two-metre-tall cross outside the home of an interracial couple, but he argued he wasn't inciting hatred.

Justin Rehberg pleaded guilty to criminal harassment as his trial began in provincial court in Windsor, N.S.

He was charged after Michelle Lyon, who is white, and Shayne Howe, who is black, awoke Feb. 21 to find a cross with a noose on it burning outside their Poplar Grove, N.S., home. Their five children, between the ages of two and 17, were home at the time.

Crown attorney Darrell Carmichael and defence lawyer Chris Manning presented an agreed statement of facts, in which Rehberg admitted to assembling the cross, treating it with a flammable substance and setting it on fire.

Both the defence and Crown agree that someone yelled, "Die, n----r, die."

Rehberg continues to fight a charge of public incitement of hatred, however.

While the Crown argued that the act of setting the cross on fire meets the legal criteria, the defence argued there is no proof that it incited others to action.

In fact, Manning said, the community rallied in support of Lyon and Howe.

Outside the courtroom, Carmichael said it should not matter that Rehberg's actions did not seem to have the intended effect.

"What the law prohibits is statements that are designed to have that effect," he told reporters. "Whether it has that result is a different issue."

It will be up to Judge Claudine MacDonald to determine whether the case meets the legal test. Her decision is expected on Nov. 5.

Rehberg was facing additional charges of mischief and uttering threats, but those charges were withdrawn.

Feared for safety

Lyon and Howe said they were terrified when they saw the burning cross and feared for the safety of their children.

"It's hard on our kids. We're the ones who had to explain it to them," Howe said after Monday's proceedings.

"We had to get our kids out of the house for a while, because we're scared of what's going to happen next. It's not about us, it's about our children."

The couple had told CBC News they considered leaving Poplar Grove, a rural community in Nova Scotia's Hants County, but changed their minds after the outpouring of support.

"It makes us feel good knowing that there's that many people that would stand behind us in this day and age, that this stuff is no more," Howe said.

"I still get 100 per cent support from people. People I don't even know, they just walk right up to me and just start talking about it."

Nathan Rehberg, Justin's brother, is charged with criminal harassment, public incitement of hatred, mischief and uttering threats.

His trial is set to start on Nov. 10.